Patna High CourtCR. MISC./39826/2019bail granted

Ramesh Rai v. The State Of Bihar

2019-08-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39826 of 2019 Arising Out of PS. Case No.-246 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== RAMESH RAI, Son of Chandradeo Rai, Resident of village- Kataruchak Mohamad, P.S.- Vaishali (Belsor O.P.), District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Vaishali (OP Belsar) P.S. Case No.246 of 2018 instituted for the offence under Section(s) 304-B/34 Indian Penal Code.

In the written report, it is alleged that informant got information that his daughter has been done to death in her Sasural by the petitioner and his other family members. Petitioner is husband of the deceased.

Counsel for the petitioner submits that informant is not eye witness in the case. Independent witnesses have stated in the case diary that victim has committed suicide. Case diary has been received.

Learned APP has submitted that independent

Patna High Court CR. MISC. No.39826 of 2019(3) dt.27-08-2019 2/2 witnesses in para 26, 27 and 28 of the case diary have stated that victim has committed suicide.

Postmortem report is available in the case diary. The doctor has found cause of death due to strangulation caused by pressure over neck due to smooth flexible substance. There is no allegation of any specific overt act against the petitioner. Petitioner is in custody since 06.02.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali (OP Belsar) P.S. Case No.246 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T